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Texas Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Texas on
Q: How to drop charges in Texas for unauthorized vehicle use?

My grandma, who is the registered owner of a vehicle, wants to drop charges for the unauthorized use of her vehicle. The car was initially reported in Illinois but was later recovered in Texas, where charges were filed. Since no case is pending in Illinois, who should we contact to drop the charges... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 7, 2025

If the charges for unlawful use in TX involve a car accident, a death, or some other extra charge or bad issue, dropping the charges will not be easy. Here in Texas, most District Attorney offices are tough on dropping felony charges. Unauthorized use of a car, boat, or airplane, is a State Jail... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Will a blue warrant in Texas be lifted upon discharge?

If I receive a blue warrant in Texas while on parole, will the warrant be lifted upon my discharge?

John Cucci Jr.
John Cucci Jr.
answered on Mar 6, 2025

If you mean discharge from parole, you should be OK once your Parole/Sentence has ended. The only way I would be worried for you is if the Blue Warrant you mention, is based upon a new criminal charge or Indictment.

You would probably know best on that subject.

Good Luck!

I hope this helps.

1 Answer | Asked in Criminal Law for Texas on
Q: What are the possible outcomes for probation revocation due to new charges in Texas?

I am currently on probation in Walker County but report to Montgomery County. My probation has been revoked due to receiving two new felony drug possession charges in Montgomery County. I have a criminal record mostly consisting of charges without convictions. What are possible outcomes to my... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

1. Your probation may be revoked and you will have to serve your sentence.

2. The terms of your probation may be modified, but you will remain on probation.

3. The motion to revoke will be denied and there will be no changes to the terms of your probation.

1 Answer | Asked in Criminal Law for Texas on
Q: Can narcotic charges be dismissed if not claimed as mine?

I was pulled over for expired registration and gave consent for a car search, during which two different narcotics were found. I was alone in the car, had been informed of my rights, and was arrested for driving with a license invalid (DWLI) before the search. Given that I didn't claim the... View More

John Michael Frick
John Michael Frick
answered on Mar 6, 2025

It depends on your relationship with the car and where the drugs were found. If the drugs were found in the trunk and you borrowed the car from someone else, I like your chances. If they were found in plain sight in the passenger compartment, you own the car, and no one else was with you,... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Estate Planning for Texas on
Q: Legal advice: Husband in jail for family violence, mental illness, no-contact order?

I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 6, 2025

You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Probation officer calls instead of knocking, causing issues.

I am on probation in Waco, Texas. My probation officer calls instead of knocking on the door for verification of my presence at home. There have been times when I did not hear the phone – once while in the shower and another time while sleeping – which led to consequences. Is this form of... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 5, 2025

Your PO can call you anytime. They can check on you every day if they feel it is necessary to do so. Most people on probation would prefer a call instead of a home visit.

If you think the calls will continue, then I suggest you get a phone with a loud ringer and vibrator. There is also a...
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2 Answers | Asked in Immigration Law and Criminal Law for Texas on
Q: Can I fix my immigration status after 4 years of marriage with a misdemeanor?

I have been married to a U.S. citizen for four years and am currently living in the U.S. without legal status. I have a misdemeanor on my record, and my wife has a felony conviction from 1999. We have not started the immigration process yet. Can I still fix my immigration status and obtain legal... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 5, 2025

It depends what the misdemeanor is for, and it also depends on if you entered the United States with permission. If you entered the United States with permission, then you will be able to adjust status and if the misdemeanor is for something very minor, you probably won’t have to file a 601... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Potential sentence for husband charged with murder in self-defense case in TX?

I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later... View More

Madalina  Garcia
Madalina Garcia
answered on Mar 4, 2025

Your husband is facing life/99 years in prison. "Self defense" is an affirmative defense, meaning it needs to be plead and proven. The stakes are extremely high and the case will be particularly rough regarding your husband not proactively reporting the incident. He gets one shot at... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Potential sentence for husband charged with murder in self-defense case in TX?

I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later... View More

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Mar 4, 2025

In Texas, murder is a first-degree felony offense. Your husband, if convicted, will then have to be sentenced within the range of punishment provided by law. The minimum sentence is 5 years imprisonment. The prison sentence can be as high as 99 years or for life. Additionally, he could be further... View More

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3 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Potential sentence for husband charged with murder in self-defense case in TX?

I would like to know what potential sentence my husband might face. He is awaiting trial after being charged with murder. The incident involved a person repeatedly ramming his car. My husband shot the person in self-defense, but did not initially report the incident to the police and was later... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

You should absolutely research the court-appointed attorney to determine his/her experience handling murder cases and serious aggravated assault cases. If the attorney does not have much such experience, you need to hire a private attorney with such experience.

You should assume that the...
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1 Answer | Asked in Criminal Law, Business Law and Contracts for Texas on
Q: Have I committed a crime by using a business credit card for unauthorized purchases?

I've been using a business credit card issued by a pool technician company for pool-related expenses and gas for my truck. I ended up purchasing retail items and food from grocery stores and restaurants, which were not authorized. The employer verbally mentioned the card's intended usage... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

You should immediately repay any unauthorized charges in full to avoid being charged with a crime. Legally, the question is did you exceed the authority given to you by the company to use the company credit card. "Purchasing retail items and food from grocery stores and restaurants"... View More

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for Texas on
Q: Legal actions involving past brain injury and child custody issues after 13 years.

In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."

You can take...
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1 Answer | Asked in Criminal Law for Texas on
Q: What proof does a court need to charge theft beyond a police statement?

As a defendant, I am concerned about the lack of physical evidence in my theft case, aside from my admission in a police statement. There are no witnesses. What kind of proof might the court consider necessary to charge someone with theft, and could there be any issues with how my statement was... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2025

If all the police have is your confession, no other proof of a theft, then you need to try to suppress the statement. The circumstances of your statement are important.

Where and when did you confess?

Were you in police custody? Were you read your Miranda rights? r

If you...
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1 Answer | Asked in Criminal Law for Texas on
Q: Will my deferred adjudication be cleared after completing probation in Texas?

I was put on deferred adjudication in Texas for a drug-related offense and was given 120 hours of community service along with probation. I completed my community service and probation 3 days ago. In court, I was told it would be off my record once I finished. I have not yet received any formal... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2025

The successful completion of Deferred Adjudication means the case will be dismissed by the court. The Felony conviction for the drug crime will NOT be a Felony conviction.

But. . . The arrest and the record of your case will still stay in the court records, unless you file for an...
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1 Answer | Asked in Criminal Law for Texas on
Q: What happens after an indictment for burglary in TX without documentation?

I was indicted for burglary of a building in Texas but have received no documentation or information about the incident. I found out about the indictment during my arrest. After posting bond and spending 4 days in jail, I had my arraignment there and was told my next court date is on February 3rd.... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 25, 2025

Burglary is a serious Felony in TX. If it is NOT a house where people live, the sentence range if found guilty is 180 days - 2 years. There are other factors that can enhance or increase the sentence range.

If you have a lawyer (hired or appointed), they have the obligation to file or...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for Texas on
Q: Questions about undisclosed indictment warrant and rights after arrest in TX.

I was arrested a month ago at my home on an indictment warrant from 2023 for burglary of a building, which I was unaware of. I called the police to report a burglary at my house, and the officer arrested me at my door, stating there was a warrant for my arrest. I have never received any... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 22, 2025

Your question is a bit hard to get out of the statement you gave. So I will try to walk through it, step by step.

So, when you called the police about a burglary at your house, they arrived, spoke to you, then told you there was a warrant out for your arrest.

The police are...
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1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Texas on
Q: Seeking appeal guidance for unjust 33-year sentence for possession in Texas.

My family member has been sentenced to 33 years for simple possession of more than four but less than 400 grams of a Schedule 2 narcotic. We believe the sentence is unjust. Her previous lawyer advised her to take an open plea, which led to this sentence, and has since withdrawn after being paid... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 21, 2025

In Texas:

First, you MUST file a Notice of Appeal, and file it with the Clerk of the Court from which the sentence was imposed.

Second, you must serve the Notice of Appeal on the District Attorney's Office from the County where you were convicted.

Third, If you go past...
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1 Answer | Asked in Gov & Administrative Law and Criminal Law for Texas on
Q: Do I disclose a sealed record for a name change in TX?

I am applying for a name change in Harris County, Texas, and the application asks if I have ever been charged with a Class A or B misdemeanor or felony, requesting an FBI or SID number if applicable. Over 20 years ago, in the state of Florida, I was charged with tampering with physical evidence and... View More

John Cucci Jr.
John Cucci Jr.
answered on Feb 21, 2025

I would have to see the paperwork for the sealed record. If your case

did not result in a conviction of any kind, and there is a Court Order Sealing the record of the arrest and the court proceedings, then you may answer the question in the negative - NO.

The reason I say the above...
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1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Criminal Law for Texas on
Q: Can I sue if expunged charges still show on background checks?

I had a felony charge that was no-billed and a misdemeanor charge that was dismissed about 10 years ago, and I paid for both to be expunged. I have the court order confirming the expungement. However, I am facing rejections from jobs because these charges appear on background checks, although I... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2025

Expunging a criminal record only removes it from court records. Data and background check companies have programs that constantly scrape public records databases. They find the record of your arrest within days of it happening and case disposition records within days of the order being signed.... View More

2 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Texas on
Q: Can statute limitations start from arrest date not incident?

I was in a car accident in Texas in December 2022 while intoxicated and was hospitalized for two weeks. I dislocated my hip, used a cane, and attended physical therapy. I turned myself in in August 2023, but the authorities claim the statute of limitations starts from August 2023, not from the... View More

Jim  Butler
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answered on Feb 19, 2025

The question I have is when did they file the criminal information for the DWI and the carrying a weapon cases? The statue of limitations on a Misdemeanor in Texas is two years. So they had two years from December 2022 to file charges. So hypothetically, if charges were not filed until January of... View More

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